Ranjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52574 of 2019 Arising Out of PS. Case No.-610 Year-2018 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

RANJIT KUMAR Son of late Rampratap Mahato Resident of Village - Laguniya, Suryakanth, P.S.- Samastipur Muffasil, Distt - Samastipur. 2.

Lal Babu Mahato @ Lal Babu Mahto Son of Late Iswari Mahato Resident of Village - Laguniya, Suryakanth, P.S.- Samastipur Muffasil, Distt - Samastipur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Aprajita For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-08-2019 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Samastipur Mufassil Police Station Case No. 610 of 2018, disclosing offences under Sections 447/341/323/384/379/ 427/504/506/34 of the Indian Penal Code.

The allegation against the petitioners is that the petitioners, along with other accused persons, assaulted the informant, who is an employee of an Ice-cream factory with lathi and danda and also took away bag of milk powder. Learned Counsel for the petitioner submits that the petitioners have no criminal antecedent and have falsely been

Patna High Court CR. MISC. No.52574 of 2019(2) dt.23-08-2019 2/3 implicated in this case due to land dispute between the petitioners and the owner of the Ice-cream factory. She further submits that the person against whom there is specific allegation of threatening and demanding rangdari has been granted regular bail by the Court below itself.

After having heard learned Counsel for the parties and taking into consideration the fact that no specific allegation of assault or demand of rangdari is there against the petitioners and further there is land dispute between the petitioners and the owner of the Ice-cream factory and that the petitioners have got no criminal antecedent, I am inclined to grant the petitioners privilege of anticipatory bail. Accordingly, this application is allowed.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 5th Additional Chief Judicial Magistrate, Samastipur, in connection with Samastipur Mufassil Police Station Case No. 610 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners

Patna High Court CR. MISC. No.52574 of 2019(2) dt.23-08-2019 3/3 shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √